PCPNDT ACT

" The complaint under PCPNDT Act has to be filed only by a person authorised under the Act" - Hon. Bombay High Court. Dr. Yogita Theng V/s. AA. (Criminal Writ Petition No. 26 of 2014) https://indiankanoon.org/doc/72545940/ Fats in brief : 1. The Petitioner Doctor was accused under PCPNDT Act.The complaint has been filed by one Dr. Baviskar. 2. In the Argument, the questions relating to the Authority of Dr. Baviskar were raised because apparently, no document showing that he was authorized to file the complaint in question had been produced before the trial court till then. 3. The AA was asked to produce the documents showing his Authority by the Doctor, but this Application was rejected by the Trial Court and hence the Doctor approached High Court. Held. 1. it was observed that Section 28 of the PCPNDT Act puts restriction on the power of the court to take cognizance of an offence under the said Act and lays down that it can take cognizance only on a complaint ma...

Case Details : Dr.Varsha Bajirao Manurkar-Kadam V/s The Appropriate Authority, Nanded. Cr. W.P. no.88/2017, decided on 20/12/2017,CORAM : Hon. Prakash Deu Naik J. Judgment Link : https://indiankanoon.org/doc/91370319/ Facts of the case : 1. The Petitioner Doctor was running a Ultra-Sound Clinic for about 12 years. It is the case that on 23/01/2015, the Officers of Divisional PCPNDT Cell, Aurangabad visited the Petitioner's ultra sound clinic and they found mainly following discrepancies in the record  : a) The F Forms were not properly filled. b)  On some forms, signatures of Petitioner Doctor were missing. c) On cosent forms signatures of patients were missing. d)  Pagination and Certification of Register was not done. 2. The AA issued show cause notice to the Petitioner. However the Committee was not satisfied on the explanation tendered by the Petitioner and seal...

There is a famous legal adage that if any thing is required to be done as per the Act, then it has to be done in the manner prescribed, else it should not be done at  all. Adhering to this adage,  The Hon'ble Punjab and Haryana High Court in its recent order dated 2nd November, 2017 has given great relief to Doctors. Case Details : Ishwar Singh Yadav V/s. State of Haryana, CWP No.11171/2015, decided on 02/11/2017.  Link : file:///C:/Users/Admin/Desktop/PCPNDT%20-%20PB%20High%20court%20-2017.pdf https://phhc.gov.in/download_file.php?auth=L2RhdGEwMS9hcHAvb3JhY2xlL3Byb2R1Y3QvMTEuMi4wL2RiXzEvYXBhY2hlL3BkZi9mby9DV1BfMTExNzFfMjAxNV8wMl8xMV8yMDE3X0ZJTkFMX09SREVSLnBkZg== Facts in Short : 1.  The petitioner has challenged the order dated 01.5.2015, passed by Civil Surgeon-cum-District Appropriate Authority (DAA) , directing all the private Ultrasound Centers in Rewari including the petitioner to send Form 'F' so that their office may put serial nu...

A huge  relief that may bring a sigh of relief to the PCPNDT affected. Hon. DELHI High Court underlines the importance and need of Private Hospitals and diagnostic procedures like USG.. Case Details : M/S MGS SUPER SPECIALITY HOSPITAL, NEW DELHI V/s. DISTRICT APPROPRIATE AUTHORITY-PNDT -  WP No. 1021/2017, decided on 12/10/2017 Judgment Link : http://lobis.nic.in/ddir/dhc/SAS/judgement/12-10-2017/SAS12102017CW10212017.pdf Facts in short : 1. The MGS Super Specialty Hospital, one of the well known 100 bedded multispeicality Hospital in New Delhi, challenged the action of AA under PCPNDT Act which suspended and cancelled the registration of 6 Ultrasound Machines used in the Hospital. 2. The Hospital  having NABH accreditation, claims to provide high quality services and has about 27 different departments from "A"nesthesia to "U"rology and in almost all these departments USG machines are used for various diagnostic purpose on female...

"Another relief to Doctors under PCPNDT Act, against delayed and high handed action of AA" Hon. Rajasthan High Court dismissed the Petition of State of Rajasthan, as the Original Complaint itself was time barred and the allegations leveled were not of Sex Determination, but were relating to deficiencies in F Forms etc..,   Case Details: State of Rajasthan V/s. Dr. Kailsh Chandra Jain.  Cri. Rev. Appl. No.984/2013 See the Links : file:///C:/Users/Admin/Downloads/CRLR984201317_05_2017.pdf   or https://indiankanoon.org/doc/42032523/ Facts in short : 1. The AA Team in its complaint averred that on 29.06.2007 it inspected sonography center of the accused Doctor and found irregularities punishable under various Sections of the PCPNDT Act, but filed a compliant on 15.03.2011. Ld. Trial Court took the cognizance of compliant on 24/03/2011. 2. Being  aggrieved by the said order the Doctor-accused approached the Sessions Court and Sessions C...

Doctor's Personal court case cannot be the disqualification under PCPNDT Act for registration of a center or its renewal.. "Action of AA of refusal to renew registration of Center on the ground that Criminal Case relating to Matrimonial Relations is pending against the the Doctor ,was quashed by Hon. Rajasthan high Court". You may see the link... http://rhccasestatus.raj.nic.in/smsrhcb/rhbcis/judfile.asp … Case Details : Shipra Katta V/s. State of Rajasthan & anr. S.B. Civil Writ Petition No. 3826 / 2017. The petitioner moved an application for renewal of registration of her center, which was refused by the AA relying upon the amended provisions of Rule 18-A(4)(ii) of the Rules of 1996. The amended rule goes as under : 18(4) All the Appropriate Authorities including the State, District and Sub-district notified under the Act, inter-alia, shall observe the following conduct for registration and renewal of applications under t...

"The Doctor got bail under PCPNDT Act, as the CTG machine was proved to be unfit for sex selection/determination" In the recent judgment, Hon. Rajasthan High Court, in the case of Dr. Sushila Khinchi vs State of Rajasthan, while granting to Bail to the Petitioner Doctor, raised the doubts over action of AA. The public prosecutor submitted the Inquiry report made by the Board consisting of experts on the subject. The report was signed by Joint Director of Medical and Health as well as Professor and the Head of Department of Oby & Gyn. After going through the report, His Lordship observed that "prima facie, offences slapped against petitioner under the PCPNDT Act are under serious clouds". The Report revealed that CTG machine, which was seized from the clinic of petitioner Dr. Sushila Khinchi, cannot be utilized for sex selection/determination of a foetus. . On this background the Doctor was granted Bail and with the stipulation to appear be...